A3828

An Act concerning retirement benefits for certain firefighters, corrections officers, and county police officers enrolled in the Public Employees’ Retirement System, amending and supplementing P.L.1955, c.257 (C.43:15A-97 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L1955, c. 257 (C. 43:15A-97) is amended to read as follows:

1. "Law enforcement officer" shall mean any permanent and full-time employee of the State of New Jersey holding one of the following titles: motor vehicles officer, motor vehicles sergeant, motor vehicles lieutenant, motor vehicles captain, assistant chief, bureau of enforcement, and chief, bureau of enforcement in the Division of Motor Vehicles, and highway patrol officer, sergeant highway patrol bureau, lieutenant highway patrol bureau, captain highway patrol bureau, assistant chief highway patrol bureau, chief highway patrol bureau in the Division of State Police, and inspector, investigator, and administrative inspector in the Division of Alcoholic Beverage Control, and inspector recruit alcoholic beverage control, inspector alcoholic beverage control, senior inspector alcoholic beverage control, principal inspector alcoholic beverage control, supervising inspector alcoholic beverage control in the Division of State Police, and conservation officer, assistant district conservation officer and district conservation officer in the Division of Fish and Game, and assistant chief marine police and senior marine patrolman in the Division of Resource Development, and marine police officer, senior marine police officer, principal marine police officer in the Division of State Police, and inspector, officer, senior inspector, and principal inspector in the Division of Shell Fisheries, any permanent and full-time active county detective, lieutenant of county detectives, captain of county detectives, chief of county detectives, and county investigator in the offices of the county prosecutors, and sheriff's officer, sergeant sheriff's officer, lieutenant sheriff's officer, captain sheriff's officer, chief sheriff's officer, and sheriff's investigator in the offices of the county sheriffs and any patrolman or other police officer of the Board of Commissioners of the Palisades Interstate Park appointed pursuant to R.S. 32:14-21. The term shall also mean county corrections officer, county corrections sergeant, county corrections lieutenant, county corrections captain, and investigator in a county department of corrections, and officer, detective, sergeant, lieutenant, and captain of a county police department. The term shall also mean any permanent and fulltime firefighter employed by the State, a county, fire district, or a municipality, or agency thereof.

If the Prison Officers' Pension Fund is terminated as provided in section 10 hereof, "law enforcement officer" shall also mean any permanent and full-time active employee of the State of New Jersey holding the title of correction officer, correction sergeant, correction lieutenant, correction captain or deputy keeper in the Division of Correction and Parole, or any member of the Prison Officers' Pension Fund on the date of such termination.

(cf: P.L.1985, c.262, s.1)

2. (New section) A county corrections officer, county corrections sergeant, county corrections lieutenant, county corrections captain, and an investigator in a county department of corrections, and an officer, detective, sergeant, lieutenant, and captain of a county police department, and a permanent and fulltime firefighter employed on the effective date by the State, a county, fire district, or a municipality, or agency thereof, who was enrolled in the Public Employees’ Retirement System before the effective date of P.L. , c. (pending before the Legislature as this bill) shall be enrolled as a participant in the law enforcement officer category of the system within 90 days of that effective date, unless the member signs a waiver of participation within 60 days of receiving the notification of eligibility for participation in that category. A member who signs the waiver shall remain enrolled as a non-law enforcement officer in the regular system and the member shall not be subject to compulsory retirement as provided in section 3 of P.L.1955, c.257 (C.43:15A-99).

Any member who is enrolled as a participant of the law enforcement officer category of the system in accordance with this section shall be eligible for all the benefits and shall be subject to all the requirements set forth in P.L.1955, c.257 (C.43:15A-97 et seq.) from the date the member is made a participant. All service credit in the regular system in a position eligible for participation in the category shall be considered service credit as a law enforcement officer in that category when the member is made a participant of the category.

3. This act shall take effect immediately.

STATEMENT

A law enacted in 1955 established the law enforcement officer (LEO) category as a special group of the Public Employees’ Retirement System (PERS). The members of the LEO group are eligible for enhanced retirement benefits not available to regular PERS members.

Under current law, the category of individuals authorized to participate as LEO members is limited and is specifically defined in the law by the title of the eligible position. An individual who does not meet the age or medical requirements for entry into the Police and Firemen’s Retirement System (PFRS) as a result of employment in a title specifically named in that law is eligible to participate in the LEO category or as a regular member of the PERS. An individual employed in an eligible job title who meets the enrollment criteria is enrolled in the LEO category of PERS membership, unless the member specifically signs a waiver. A LEO-eligible individual who signs the waiver is enrolled as a non-law enforcement officer in the regular PERS retirement system; however, any member holding a LEO-eligible title is subject to the mandatory retirement provision of the current law.

This bill provides that a county corrections officer, county corrections sergeant, county corrections lieutenant, county corrections captain, and an investigator in a county department of corrections, and an officer, detective, sergeant, lieutenant, and captain of a county police department, and any permanent and fulltime firefighter employed by the State, a county, fire district, or a municipality, or agency thereof, who is enrolled in the PERS before or after the effective date of this bill will be enrolled in the law enforcement officer category of the PERS, unless the member signs a waiver of participation. Upon enrollment in the law enforcement officer category, these members will be eligible for the enhanced benefits provided to LEO group members.